Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF ARCHITECTURE AND INTERIOR DESIGN
Respondent: WILLIAM J. LINDH
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Nov. 30, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 21, 2001.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA os
DEPARTMENT OF BUSINESS AND PROFESSIONAL reQygpiON “
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, , Me ‘yf in é
Petitioner,
vs. Case No. 2000-04474
WILLIAM J. LINDH, , CO-M 191, ee
Respondent.
/
ADMINISTRATIVE COMPLAINT
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner’), files this Administrative Complaint against WILLIAM J. LINDH,
("Respondent'), and says:
1. Petitioner is the state agency charged with regulating the practice of
architecture pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 484,
Florida Statutes. jen
2. The Department of Business and Professional Regulation has jurisdiction
ont ns
over discipline of registered architects pursuant to Section 455.225, Florida Statutes.
3. At all times material hereto, Respondent's certification to engage in the
practice of architecture was active, pursuant to Chapter 481, Florida Statutes.
4. Respondent's last known address is 1711 Pelican Cove Road, Apartment
GL 442, Sarasota, Florida 34231. “
5. In or around December of 1988, Respondent stamped, signed, and”
sealed, but did not date, a set of plans drawn by M. Consul, an unlicensed architect,
(hereinafter referred to as “Consul”) for the residence of Keith and Erica Muncy, located
at Lot 4, Block 13, Avenida De Mayo, Sarasota, Florida 34242.
6. In or around April of 2000, Respondent stamped, signed, and sealed, but
did not date, a set of plans drawn by Consul for the residence of Murph Gordon, located ll
at 5322 Calle de Siesta, Sarasota, Florida 34242.
7. in or around April of 1999, Respondent stamped, signed, and sealed, but
did not date, a set of plans drawn by Ray Meltzer, an unlicensed architect, (hereinafter
referred to as “Meltzer’) for renovation and securing a raised second story for the chp ult
residence of James Hartmann, located at 511 Avienda De Mayo, Sarasota, Florida
34242.
8. Respondent did not.responsibly supervise Consul during his project for the peut
Muncy residence, hg
9. Respondent did not responsibly supervise Consul during his project for the a
Gordon residence. gr
10. | Respondent did not responsibly supervise Meltzer during his project for is
the Hartmann residence.
11. | Respondent stated to a Department of Business and Professional
Regulation Investigator that he charges a One Hundred Dollar ($100) per sheet fee to iu ley
Consul, as well as others, to sign and stamp their plans.
COUNT
12. Plaintiff realleges and incorporates paragraphs 1 through 11 as though..." *
fully stated in this Count I.
13. Section 481.221(1)(a), Florida Statutes, provides in pertinent part, (1) The
board shall prescribe, by rule, distinctively different seals to be used by registered
architects holding valid certificates of registration: (a) Each registered architect shall
obtain an impression-type metal seal, and all final construction documents and
instruments of service which include drawings, plans, specifications or reports prepared
or issued by the registered architect and being filed for public record shall bear the
signature and the seal of the registered architect who prepared or approved the
document and the date on which they were sealed.
14, Based upon the foregoing, Respondent violated Section 481.225(1)(a),
Agel?
Florida Statutes (1999), through violation of Section 481.221(1)(a), failing to date the “
plans he sealed for Consul and Meltzer.
COUNT Hl
45. Plaintiff realleges and incorporates paragraphs 1 through 14 as though i
fully stated in this Count II. dase
16. Section 481.221(4), Florida Statutes, provides that, “[n}o registered
architect shall affix his signature or deal to any final construction document or
instrument of service which includes drawings, plans specifications, or architectural
documents which were not prepared by her or him or under his or her responsible
.supervising contro! or by another registered architect and reviewed, approved, or
modified and adopted by her or him as her or his own work according to rules adopted
by the board.”
17. Respondent did not responsibly supervise Consul and Meltzer at the time
the plans for the residences of the Muncy’s, Gordon's, and Hartmann’s.
18. Based upon the foregoing, Respondent violated Section 481.225(1)(a) through
violating Section 481.221(4), Florida Statutes (1999).
COUNT Hil
49. Plaintiff realleges and incorporates paragraphs 1 through 18 as though
fully stated in this Count IIL Ler
20. Section 481.225(1)(i), Florida Statutes, provides in pertinent part, (1) The
following acts constitute grounds for which disciplinary actions may be taken: (i) Aiding, ,
assisting, procuring, or advising any unlicensed person to practice architecture contrary
- to arule of the department or the board.
21. By signing and stamping plans required by the building department and for
the purpose of public record, Respondent aided and assisted Consul and Melizler to n
practice unlicensed architecture. ~
22. Based upon the foregoing, Respondent violated Section 481.225(1)(i), L, . hs
Florida Statutes (1998), by aiding and assisting Consul and Melizler to practice .
unlicensed architecture.
COUNT IV
23, Plaintiff realleges and incorporates paragraphs 1 through 22 as though
fully stated in this Count IV.
24. Section 455.225(1)(q), Florida Statutes, provides in pertinent part, (1) The
following acts shall constitute grounds for which disciplinary action may be taken: (q)
Violating a rule of the department or the board.
25. Rule 61G1-23.015, Florida Administrative Code, provides in pertinent part,
An architect may seal and sign any and all documents, instruments of service,
specifications, reports or other work which requires the seal and signature of a
registered architect prepared outside of the architect’s office, so long as all the
procedures set forth below are met.
_ (1) The architect accepts professional responsibility for all architectural design
activities of a project performed outside of the architect's office throughout design
development and the production of all documents and instruments of service.
The architect shall prepare and maintain as evidence of the architect's continuing
effort in such work: written calculations, correspondence, time records, check
prints, telephone logs, site visit logs or research done for the project and shall
provide such evidence to state or local authorities upon their request.
(2) The architect maintains written documentation that the architect has
personally supervised the preparation of all documents and instruments of
service, reviewed all project data, personally inspected the project site and
entered into a written agreement with the persons preparing the documents
accepting professional responsibility for such work.
(3) The architect makes certain, if the work which the architect intends to seal
and sign has been prepared by another person outside the architect’s office, that
whenever such final work is submitted to a client, building owner or building user,
the architect is present during such submissions in order to respond to questions
from the client, owner, or user. The architect shall maintain written minutes of
such a submission meeting.
26. Based upon the foregoing, Respondent violated Section 455.227(1)(q),
Florida Statutes (1999), by violating a rule of the depariment or board, specifically, Rule cuts
61G1-23.015, Florida Administrative Code.
WHEREFORE, Petitioner respectfully requests the Board of Architecture and
Interior Design enter an Order imposing one or more of the following penalties: place on
probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of
the certificate or registration, require financial restitution to a consumer, impose an
administrative fine not to exceed $5000 per violation, require continuing education,
assess costs associated with investigation and prosecution, impose any or all penalties
delineated within Section 455.225, Florida Statutes, and/or any other relief that the
Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes,
_ and/or the rules promulgated thereunder.
ae
Signedthis_ <' _ dayof__Sep¥embe—" , 2000.
an ee
By: David K. Minacci
Lead Professions Attorney |
COUNSEL FOR DEPARTMENT:
Dorothy Trzeciecka F | | E D
Senior Attorney Departrhent of Business and Professional Regulation
Department of Business and DEPUTY CLERK
Professional Regulation
1940 North Monroe Sireet MN ,
cece vrardort Wichelt
Tallahassee, FL 32399
(850) 410-1164 DATE G-28- al 00
Case # 2000-04474
POP! Shi, Tehldages + Wi
ONE: Pale o¢©
Docket for Case No: 00-004786PL
Issue Date |
Proceedings |
Feb. 21, 2001 |
Order Denying Motion issued.
|
Feb. 21, 2001 |
Order Closing File issued. CASE CLOSED.
|
Feb. 20, 2001 |
Motion to Relinquish Jurisdiciton Without Prejudice (filed via facsimile).
|
Feb. 16, 2001 |
(Joint) Prehearing Stipulation (filed via facsimile).
|
Feb. 16, 2001 |
Motion for Continuance (filed by N. Sardelis, Jr. via facsimile).
|
Feb. 12, 2001 |
Respondent`s Answers to Petitioner`s First Set of Interrogatories filed. |
Feb. 12, 2001 |
Response to Request for Production filed. |
Feb. 12, 2001 |
Respondent`s Response to Request for Admissions filed. |
Feb. 09, 2001 |
Respondent`s Answer to Administrative Complaint filed.
|
Jan. 11, 2001 |
Petitioner`s First Set of Interrogatories (filed via facsimile). |
Jan. 11, 2001 |
Petitioner`s First Request for Production (filed via facsimile). |
Jan. 11, 2001 |
Petitioner`s First Request for Admissions (filed via facsimile). |
Jan. 11, 2001 |
Petitioner`s Notice of Propounding Interrogatories and Request for Admissions to Respondent (filed via facsimile). |
Jan. 08, 2001 |
Answers to Administrative Complaint filed by Respondent. |
Dec. 15, 2000 |
Order of Pre-hearing Instructions issued.
|
Dec. 15, 2000 |
Notice of Hearing issued (hearing set for February 26, 2001; 9:00 a.m.; Sarasota, FL).
|
Dec. 06, 2000 |
Response to Initial Order (filed by Petitioner via facsimile).
|
Nov. 30, 2000 |
Initial Order issued. |
Nov. 30, 2000 |
Election of Rights filed.
|
Nov. 30, 2000 |
Administrative Complaint filed.
|
Nov. 30, 2000 |
Agency referral filed.
|